Definitions.
For the purposes of this article, the following terms shall have the
meanings respectively ascribed to them
by this section:
(1) Forcible entry and detainer.
Where one by force or strong hand, or by exciting fear or terror,
enters upon and detains lands or
tenements in the possession of another, as by breaking open doors,
windows or any other part of a house,
whether any person is within or not, by threats of violence to the
party in possession, or by words or
actions that have a tendency to excite fear or apprehension of
danger, by putting out of doors or removing
the goods or chattels of the party in possession, or by entering
peaceably and then by unlawful refusal, or
by force or threats, turning, or keeping the party out of
possession.
(2) Unlawful detainer.
Where one who has lawfully entered into possession of lands as
tenant fails or refuses, after the
termination of the possessory interest of the tenant, to deliver
possession of the premises to anyone lawfully
entitled or his or her agent or attorney.

Commencement of action where property held jointly.
Where title or possession of the premises is held by several persons
jointly, as by tenants in common,
coparceners, partners, or other joint occupancy or title, they are
seized for themselves and for each other;
all are equally entitled to possession; and, conversely, the
possession of any one is the possession of all; and
any joint tenant may commence an action of forcible entry and
detainer against a stranger and recover the
entire possession, which inures to the benefit of all.

(Code 1923, 8027; Code 1940, T. 7, 990.)

Section 6-6-313

Effect of temporary absence.
A temporary absence from the premises does not constitute a loss of
the actual possession nor prevent the
commencement of forcible entry and detainer against one who forcibly
enters or detains the premises, and
one who enters during such temporary absence does not acquire the
legal possession such as permits him to
commence the action if the rightful possessor rejects him
immediately on discovery of his presence on the
premises.

(Code 1923, 8028; Code 1940, T. 7, 991.)

Section 6-6-314

Liability of lessee holding over; how such recovered.
Any person who, having entered into the possession of lands and
tenements under a contract of lease,
forcibly or unlawfully retains the possession thereof after the
expiration of his term or refuses to surrender
the same on the written demand of the lessor, his agent, or attorney
or legal representative, is liable for
double the amount of the annual rent agreed to be paid under such
contract and for such other special
damages as may be thereby sustained by the party thus unlawfully
kept out of possession, to be recovered
as now provided by law in actions of unlawful detainer or by a civil
action for damages.

Uninterrupted occupation for three years bars action.
The uninterrupted occupation of the premises in controversy by the
defendant for the space of three entire
years preceding the filing of the complaint is, if the estate of the
defendant is not determined, a bar to any
proceeding under this article.

Action of trespass, etc., not precluded.
No proceedings had under this article or judgment entered bars or
prevents the party injured from
prosecuting an action of trespass or other action against the
aggressor or party offending.

Notice or demand.
Forcible entry being in its nature adverse and unlawful, no demand
need be made or notice given except
such as is required in the Code to support an action or proceeding
based on an entry with actual force.

(Code 1923, 8029; Code 1940, T. 7, 992.)

Section 6-6-318

Courts deemed always open.
Courts having jurisdiction under this article must be held open at
all times for the consideration and
determination of questions arising under this article, and judgments
had thereon without delay.

Forms for judgment, restitution or possession.
The following or similar forms may be used when appropriate in
forcible entry and unlawful detainer
proceedings; but they are not exclusive of other appropriate forms:
Judgment.A. B. v. C. D.Came the
parties on the _______________ day of_______________, and upon
evidence I find the said C. D. guilty
of the forcible entry and unlawful detainer (or, unlawful detainer)
as complained against him by A. B., and
I therefore order and adjudge that C. D. restore to A. B. the
possession of the tract of land (or tenement)
mentioned in the complaint: _______________ (here designate the land
or tenement), and pay the cost of
this proceeding. Writ of Restitution or Possession. State of
Alabama, County._______________To any
lawful officer of said county: You are hereby commanded to restore
A. B. to possession (or place A. B. in
possession) of the land and tenements (or, as the case may be) which
A. B. recovered of C. D. in an action
of forcible entry and detainer (or unlawful detainer) before me on
the _______________ day of
_______________, at _______________ (here describe the land and
tenements). You are further directed,
of the goods and chattels, lands and tenements, of the said C. D.,
you cause to be made the sum of
_______________, which the said A. B. has recovered for his costs in
that behalf expended. Witness my
hand, this the _______________ day of _______________E. F., District
Court Judge

(Code 1907, 4286; Code 1923, 8031; Code 1940, T. 7,
994.)

Section 6-6-330

Jurisdiction.
The forcible entry upon and detainer, or the unlawful detainer, of
lands, tenements and hereditaments is
cognizable before the district court of the county in which the
offense is committed.

Process - Form of notice; service and return thereof.
(a) Upon complaint being made, the district judge shall issue a
notice to the party against whom the
complaint is made to the following effect: The State of
Alabama,_______________ County.
To_______________You are hereby commanded to be and appear before
me, at _______________ on the
_______________ day of _______________, 19 _______________, to
answer to, and make defense
against a complaint exhibited to me against you by _______________,
for a forcible entry and detainer (or
for unlawful detainer, as the case may be).Witness my hand this
_______________ day of
_______________, 19_______________._______________ District Court
Judge
(b) The notice shall be served on the defendant at least six days
before the return day of the process and
may be served on the defendant anywhere within the state. The return
of the service thereof by any sheriff
or constable of the state is sufficient, or proof of the fact may be
made before the judge. A copy of the
notice shall be personally served upon the defendant. If the sheriff
or constable is unable to serve the
defendant personally, service may be had by delivering the notice to
any person who is sui juris residing on
the premises, or if after reasonable effort no person is found
residing on the premises, by posting a copy of
the notice on the door of the premises, and on the same day of
posting or by the close of the next business
day, the sheriff, the constable, the person filing the complaint, or
anyone on behalf of the person, shall mail
notice of the filing of the unlawful detainer action by enclosing,
directing, stamping, and mailing by first
class a copy of the notice to the defendant at the mailing address
of the premises and if there is no mailing
address for the premises to the last known address, if any, of the
defendant and making an entry of this
action on the affidavit filed in the case. Service of the notice by
posting shall be complete as of the date of
mailing the notice.
(c) Upon complaint being made and upon request of the plaintiff to
have the notice served on the defendant
by a process server other than a sheriff or constable, the court
shall, if the process server is qualified under
Rule 4.1 (b) (2) of the Alabama Rules of Civil Procedure, order the
clerk to deliver the notice to the process
server for service.

Process - Neglect or refusal to execute by sheriff or
constable.
Any sheriff or constable neglecting or refusing to execute any
process placed in his hands by a district
court judge by virtue of the authority conferred by this article,
forfeits to the party aggrieved $200, to be
recovered by action in the circuit court.

Failure of witnesses to attend or refusal to testify.
(a) Any witness, duly subpoenaed and failing to attend or refusing
to testify may be fined by the district
court judge not exceeding $100, for the use of the county, for which
he may issue execution directed to the
constable.
(b) The judgment specified in subsection (a) of this section must
not be made absolute until 10 days after
service of a written notice on such witness, informing him of the
entry of such judgment.

Proceedings when parties appear or defendant fails to do so.
If the parties appear, an issue must be made between them upon the
complaint, but if the defendant, having
been duly cited, does not appear or, appearing, declines to plead,
the case proceeds as if the defendant had
denied the allegations of the complaint; or, for good cause, the
trial may be postponed not more than 15
days, at the cost of the applicant.

Extent of inquiry.
The estate or merits of the title cannot be inquired into on the
trial of any complaint filed under this article,
but all legal and equitable defenses may be had against a recovery
for damages or for the unlawful
detention of the land.

Proceedings upon determination for either plaintiff or
defendant.
(a) If the judge determines in favor of the plaintiff, he must
record the decision and enter judgment with
costs, upon which he must issue a writ of execution commanding the
sheriff or the constable to restore the
plaintiff to possession or place him in possession of his lands and
tenements according to complaint and to
levy on and sell a sufficiency of the defendant's goods and
chattels, lands and tenements to satisfy the costs
of the proceedings. Successive writs may issue at any time when
necessary to eject defendant or collect
costs and damages, and a defendant who refuses to obey the mandate
of the writ as to the possession of the
property or who enters upon the premises without just cause or legal
excuse after being ejected shall be
guilty of resisting an officer and contempt of court and shall be
punished and fined accordingly, in the
discretion of the court issuing the process.
(b) If the judge determines in favor of the defendant, judgment must
be entered in his favor for the costs,
upon which an execution may issue as in other cases.

To circuit court from district court.
Any party may appeal from a judgment entered against him or her by a
district court to the circuit court at
any time within 14 days after the entry thereof, and appeal and the
proceedings thereon shall in all respects,
except as provided in this article, be governed by this code
relating to appeal from district courts. However,
the clerk of the court shall schedule the action for trial as a
preferred case, and it shall be set for trial within
60 days from the date of appeal.

Writs of restitution or possession - Suspension upon payment
of rent by defendant.
(a) Notwithstanding any other provisions of law or of the Alabama
Rules of Civil Procedure, in cases of
forcible entry or unlawful detainer, an appeal to circuit court or
to appellate court does not prevent the
issue of a writ of restitution or possession unless the defendant
pays to the clerk of the district court all
rents called for under the terms of the lease, since the date of the
filing of the action and continues to pay all
rent that becomes due and payable under the terms of the lease as
they become due, during the pendency of
the appeal, and the sums are to be ascertained by the judge.
(b) If the defendant should fail to make any payments as they become
due under subsection (a), the court
shall issue a writ of restitution or possession and the plaintiff
shall be placed in full possession of the
premises.
(c) Upon disposition of the appeal, the court shall direct the clerk
as to the disposition of the funds paid to
the clerk pursuant to subsection (a).

Writs of restitution or possession - Issuance by circuit
court.
In the event that the plaintiff is placed in possession under a writ
of restitution or possession, and on appeal
the judgment is reversed and one entered for the defendant or the
proceeding on appeal is quashed or
dismissed, the circuit court may award a writ of restitution or
possession to restore him to possession as
against the plaintiff, but not as against a third party; but the
issuance of the writ rests in the discretion of
the appellate court, and the circuit court may, in all cases, direct
writs of restitution or possession to be
issued by the trial court when, in the judgment of the circuit
court, such writ is proper or necessary.

(Code 1923, 8030; Code 1940, T. 7, 993.)

Section 6-6-353

Proceedings when determination is against appellant.
In cases of forcible entry or unlawful detainer, the judgment, if
against the appellant, must be entered in the
circuit court against him and the sureties on the appeal or
certiorari bond, including the costs in the inferior
and circuit courts, and if the appeal or certiorari was sued out by
the defendant and a supersedeas bond was
executed, a writ of restitution or possession must be awarded and
judgment must also be entered against the
defendant and the sureties on his supersedeas bond for the value of
the rent of the premises pending the
appeal.

Exemptions.
(a) Except for subdivision (3) of Section 24-8-4, Sections 24-8-4
and 24-8-6 do not apply to rooms or units
in dwellings containing living quarters occupied or intended to be
occupied by no more than four families
living independently of each other, if the owner actually maintains
and occupies one of the living quarters
as his or her residence.
(b) Sections 24-8-4 and 24-8-6 do not apply to any single-family
house sold or rented by an owner when:
(1) The private individual owner does not own more than three
single-family houses at any one time;
and
(2) In the sale of any single-family house by a private individual
owner not residing in the house at the
time of the sale or who was not the most recent resident of the
house before the sale, the exemption granted
by this subsection shall apply only with respect to one sale within
a 24-month period; and
(3) A bona fide private individual owner does not own an interest
in, nor is there owned or reserved on
the owner's behalf, under any express or voluntary agreement, title
to or a right to all or a portion of the
proceeds from the sale or rental of more than three single-family
houses at any one time.
(c) After August 8, 1991, the sale or rental of a single-family
house is excepted from the application of this
subsection only if the house is sold or rented without both of the
following:
(1) The use in any manner of the sales or rental facilities or the
sales or rental services of a real estate
broker, agent, or salesperson, or of the facilities or services of a
person in the business of selling or renting
dwellings, or of an employee or agent of a broker, agent,
salesperson, or person.
(2) The publication, posting, or mailing, after notice, of an
advertisement or written notice in violation
of this chapter. Nothing in this subsection prohibits the use of
attorneys, escrow agents, abstractors, title
companies, and other professional assistance as necessary to perfect
or transfer this title.
(d) For the purposes of this section, a person is considered to be
in the business of selling or renting
dwellings under any of the following circumstances:
(1) The person has, within the preceding 12 months, participated as
principal in three or more
transactions involving the sale or rental of any dwelling or any
interest in it.
(2) The person has, within the preceding 12 months, participated as
agent, other than in the sale of his
or her personal residence, in providing sales or rental facilities
or services in two or more transactions
involving the sale or rental of any dwelling or any interest in it.
(3) The person is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five
or more families.
(e) This chapter shall not prohibit a religious organization,
association, or society, or any nonprofit
institution or organization operated, supervised, or controlled by
or in conjunction with a religious
organization, association, or society, from limiting the sale,
rental, or occupancy of any dwelling which it
owns or operates for other than a commercial purpose to persons of
the same religion or from giving
preference to those persons, unless membership in the religion is
restricted because of race, color, or
national origin. This chapter shall not prohibit a private club not
in fact open to the public, which as an
incident to its primary purpose provides lodgings which it owns or
operates for other than a commercial
purpose, from limiting the rental or occupancy of the lodgings to
its members or from giving preference to
its members.
(f) This chapter shall not prohibit conduct against a person because
the person has been convicted by any
court of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as
defined by law.
(g) For purposes of subdivision (6) of Section 24-8-4, the term
"discrimination" includes any of the
following conduct:
(1) A refusal to permit, at the expense of the handicapped person,
reasonable modifications of existing
premises occupied or to be occupied by the person if the
modifications are necessary to afford that person
full enjoyment of the premises, except that in the case of a rental,
the landlord, where it is reasonable to do
so, may condition permission for a modification on the renter
agreeing to restore the interior of the premises
to the condition that existed before the modification, reasonable
wear and tear excepted.
(2) A refusal to make reasonable accommodations in rules, policies,
practices, or services when
accommodations may be necessary to afford the person equal
opportunity to use and enjoy a dwelling.
(3) In connection with the design and construction of covered
multifamily dwellings for first occupancy
after the date that is 30 months after the date of enactment of the
Fair Housing Amendments Act of 1988, a
failure to design and construct those dwellings in such a manner
that:
a. The public use and common use portions of the dwelling are
readily accessible to and usable by
handicapped persons;
b. The dwelling has at least one building entrance on an accessible
route unless it is impracticable to
do so because of the terrain or unusual characteristics of the site;
c. All the doors designed to allow passage into and within all
premises within the dwellings are
sufficiently wide to allow passage by handicapped persons in
wheelchairs; and
d. All premises within these dwellings contain the following
features of adaptive design:
1. An accessible route into and through the dwelling;
2. Light switches, electrical outlets, thermostats, and other
environmental controls in accessible
locations;
3. Reinforcements in the bathroom walls to allow later installation
of grab bars; and
4. Usable kitchens and bathrooms that an individual in a wheelchair
can maneuver about the
space.
(h) Compliance with the appropriate requirements of the American
National Standard for Buildings and
Facilities Providing Accessibility and Usability for Physically
Handicapped People (commonly cited as
"ANSI A117.1") suffices to satisfy the requirements of
subsection (g)(3)d.
(1) If a unit of local government has incorporated into its laws the
requirements in subsection (g)(3),
compliance with these laws is considered to satisfy the
requirements.
(2) A unit of local government may review and approve newly
constructed covered multifamily
dwellings for the purpose of making determinations as to whether the
design and construction requirements
of subsection (g)(3) are met.
(3) The office shall encourage, but may not require, units of local
government to include in their existing
procedures for the review and approval of newly constructed covered
multifamily dwellings, determinations
as to whether the design and construction of these dwellings are
consistent with subsection (g)(3), and shall
provide technical assistance to units of local government and other
persons to implement the requirements
of subsection (g)(3).
(4) Nothing in this chapter shall be construed to require the office
to review or approve the plans,
designs, or construction of all covered multifamily dwellings, to
determine whether the design and
construction of these dwellings are consistent with the requirements
of subsection (g)(3).
(i)
(1) Nothing in subsection (h) shall be construed to affect the
authority and responsibility of the Attorney
General to receive and process complaints or otherwise engage in
enforcement activities under this chapter.
(2) Determinations by the unit of local government under subsection
(h) are not conclusive in
enforcement proceedings under this chapter.
(j) Nothing in this chapter shall be construed to invalidate or
limit any rule, regulation, resolution, or
ordinance of a political subdivision of the state that requires
dwellings to be designed and constructed in a
manner that affords handicapped persons greater access than is
required by this chapter.
(k) Nothing in this chapter with respect to discrimination based on
handicap requires that a dwelling be
made available to an individual whose occupancy would constitute a
direct threat to the health or safety of
other individuals or whose occupancy would result in substantial
physical damage to the property of others.
(l) Nothing in this chapter limits the applicability of any
reasonable local, state, or federal restrictions
regarding the maximum number of occupants permitted to occupy a
dwelling. Owners and managers of
dwellings may develop and implement reasonable occupancy and safety
standards based on factors such as
the number and size of sleeping areas or bedrooms and the overall
size of a dwelling unit so long as the
standards do not violate local, state, or federal restrictions. The
provisions in this chapter regarding familial
status shall not apply to housing for older persons. This chapter
shall not prohibit the lease application or
similar document from requiring information concerning the number,
age, sex, and familial relationship of
the applicants and the dwellings' intended occupants. The owner or
manager may consider these factors in
determining payment of utilities. The application also may require
disclosure by the applicant of the
conviction of any intended occupant for violating any laws
pertaining to the illegal manufacture or
distribution of a controlled substance as defined in Title 22.
(m) Section 24-8-4 with respect to discrimination based on sex does
not apply to the rental or leasing of
dwellings in a single-sex dormitory property.

Article 1 General Provisions
Section 35-9-1 Tenant stopped to deny landlord's title
Section 35-9-2 When tenant at will entitled to emblements
Section 35-9-3 Duration of tenancy when time for termination not
specified— Generally
Section 35-9-4 Duration of tenancy when time for termination not
specified— Hiring of
lodgings for indefinite term
Section 35-9-5 Notice to terminate tenancy for term less than one
year
Section 35-9-6 Notice to quit for breach or default of terms of
lease
Section 35-9-7 Service of demand or notice
Section 35-9-8 Notice unnecessary when tenancy is for certain period
Section 35-9-9 Remedies extended to lessor's grantees, etc
Section 35-9-10 Remedies extended to lessee's grantees
Section 35-9-11 Right of landlord to enforce lien against sublessees
or assignees
Section 35-9-12 Seizure of crops upon abandonment of premises
Section 35-9-13 Recovery of rent upon death of life tenant who has
demised estate
Article 2 Liens of Landlord Division 1 Liens for Advances and Rent of Lands
Section 35-9-30 Lien declared
Section 35-9-31 Maturity of rent and advances
Section 35-9-32 Continuation of lien and attachment to crop of
succeeding year
Section 35-9-33 Assignment of claim for rent and advances
Section 35-9-34 When lien may be enforced by attachment
Section 35-9-35 Affidavit and bond
Section 35-9-36 Issuance and return of attachment; trial; property
leviable
Section 35-9-37 Relation between party furnishing land and party
furnishing labor
Section 35-9-38 Failure or refusal of tenant to plant crop
Section 35-9-39 Levy upon crop of subtenant
Section 35-9-40 Subrogation of subtenant to rights, liens and
remedies of landlord
Section 35-9-41 Right of subtenant to require attachment against
tenant in chief
Section 35-9-42 Applicability of division to tenant in chief and
subtenant Division 2 Liens for Rent of Buildings
Section 35-9-60 Lien declared
Section 35-9-61 When lien may be enforced by attachment
Section 35-9-62 Affidavit and bond
Section 35-9-63 Property leviable; priority of lien
Section 35-9-64 Law governing proceedings
Section 35-9-65 Lien, rights and remedies vested in assignee of
claim for rent Article 3 Possession Wrongfully Withheld
Section 35-9-80 Demand for premises
Section 35-9-81 Issuance of writ or process
Section 35-9-82 Service of writ or process
Section 35-9-83 Removal to circuit court
Section 35-9-84 Arrest of proceedings
Section 35-9-85 Trial upon delivery of counter affidavit

Tenant estopped to deny landlord's title.
The tenant cannot dispute his landlord's title, nor attorn to
another claimant while in possession, except in
cases provided otherwise in this Code.

(Code 1907, 4731; Code 1923, 8796; Code 1940, T. 31,
1.)

Section 35-9-2

When tenant at will entitled to emblements.
The tenant at will is entitled to his emblements, if the crop is
sowed before notice to quit by the landlord, or
the tenancy otherwise suddenly terminated, as by sale of the estate
by the landlord, or by judicial sale, or
death of the landlord or tenant.

(Code 1907, 4733; Code 1923, 8798; Code 1940, T. 31,
2.)

Section 35-9-3

Duration of tenancy when time for termination not specified -
Generally.
Where no time is specified for the termination of tenancy, the law
construes it to be from December 1 to
December 1 but if it is expressly a tenancy at will, then either
party may terminate it at will, by 10 days'
notice in writing.

Duration of tenancy when time for termination not specified -
Hiring of lodgings for
indefinite term.
A hiring of lodgings or a dwelling house for an unspecified term is
presumed to have been made for such
length of time as the parties adopt for the estimation of the rent.
Thus a hiring at a monthly rate of rent is
presumed to be for one month. In the absence of any agreement
respecting the length of time for the rent,
the hiring is presumed to be monthly.

(Code 1923, 8821; Code 1940, T. 31, 4.)

Section 35-9-5

Notice to terminate tenancy for term less than one year.
In all cases of tenancy by the month or for any other term less than
one year, where the tenant holds over
without special agreement, the landlord shall have the right to
terminate the tenancy by giving the tenant 10
days' notice in writing of such termination, and the landlord upon
giving said notice for said time shall be
authorized without further notice to the tenant to recover
possession of the rented premises in an action of
unlawful detainer.

Notice to quit for breach or default of terms of lease.
When default is made in any of the terms of a lease, it shall not be
necessary to give more than 10 days'
notice to quit, or of the termination of such tenancy, and the same
may be terminated on giving such notice
to quit at any time after such default in any of the terms of such
lease; which notice may be substantially in
the following form:"To A. B.:You are hereby notified that in
consequence of your default in (here insert the
character of the default) of the premises now occupied by you, being
(here describe the premises), I have
elected to terminate your lease, and you are hereby notified to quit
and deliver up possession of the same to
me within 10 days of this date. Dated this _______________ day of
_______________." To be signed by
the lessor or his agent; and no other notice or demand of possession
or termination of such tenancy shall be
necessary to maintain unlawful detainer

(Code 1923, 8823; Code 1940, T. 31, 6.)

Section 35-9-7

Service of demand or notice.
(a) Any demand may be made or notice served by delivering a written
or printed, or partly written and
printed, copy thereof to the tenant, or by leaving the same with
some person above the age of 18 years,
residing on or in possession of the premises; and in case no one is
in the actual possession of said premises,
then by posting the same on the premises.
(b) When any such demand is made or notice served by an officer
authorized to serve process, his return
shall be prima facie evidence of the facts therein stated, and if
such demand is made or notice served by any
person not an officer, the return may be sworn to by the person
serving the same, and shall then be prima
facie evidence of the facts therein stated.

(Code 1923, 8824, 8825; Code 1940, T. 31, 7, 8.)

Section 35-9-8

Notice unnecessary when tenancy is for certain period.
When a tenancy is for a certain period, and the term expires by the
terms of the lease, the tenant is then
bound to surrender possession, and no notice to quit or demand of
possession is necessary.

(Code 1923, 8826; Code 1940, T. 31, 9.)

Section 35-9-9

Remedies extended to lessor's grantees, etc.
The grantees of any demised lands, tenements, rents or other
hereditaments, or of the reversion thereof, the
assignees of the lessor of any demise, and the heirs and personal
representatives of the lessor, grantee or
assignee, shall have the same remedies by entry, action or
otherwise, for the nonperformance of any
agreement in the lease, or for the recovery of any rent, or for the
doing of any waste or other cause of
forfeiture, as their grantor or lessor might have had if such
reversion had remained in such lessor or
grantor.

(Code 1923, 8827; Code 1940, T. 31, 10.)

Section 35-9-10

Remedies extended to lessee's grantees.
The lessees of any lands, their assigns or personal representatives,
shall have the same remedy, by action or
otherwise, against the lessor, his grantees, his assignees or his or
their representatives, for the breach of any
agreement in such lease, as such lessee might have had against his
immediate lessor; but this section shall
have no application to the covenants against incumbrances, or
relating to the title or possession of the
premises demised.

(Code 1923, 8828; Code 1940, T. 31, 11.)

Section 35-9-11

Right of landlord to enforce lien against sublessees or
assignees.
In all cases when the demised premises shall be sublet, or the lease
is assigned, the landlord shall have the
same right to enforce his lien against the sublessee or assignee,
that he has against the tenant to whom the
premises were demised.

(Code 1923, 8829; Code 1940, T. 31, 12.)

Section 35-9-12

Seizure of crops upon abandonment of premises.
When a tenant abandons or removes from the premises or any part
thereof, the landlord or his agent or
attorney may seize upon any grain or other crops grown or growing
upon the premises or part thereof so
abandoned, whether the rent is due or not. If such grain or other
crops or any part thereof is not fully grown
or matured, the landlord or his agent or attorney may cause the same
to be properly cultivated and
harvested or gathered, and may sell and dispose of the same, and
apply the proceeds, so far as may be
necessary, to compensate him for his labor and expenses and to pay
the rent and advances. The tenant may,
at any time before the sale of the property so seized, redeem the
same by tendering the rent and advances
due and reasonable compensation, and expenses of the cultivation and
harvesting or gathering the same.

(Code 1923, 8830; Code 1940, T. 31, 13.)

Section 35-9-13

Recovery of rent upon death of life tenant who has demised
estate.
When a tenant for life shall demise any lands and shall die on or
after the day when any rent becomes due
and payable, his executors or administrators may recover from the
under-tenant the whole rent due, but if
any such tenant for life shall die before the day when any rent is
to become due, his executors or
administrators may recover the proportion of rent which accrued
before his death, and the remainderman
shall recover for the residue.

(Code 1923, 8831; Code 1940, T. 31, 14.)

Section 35-9-30

Lien declared.
A landlord has a lien, which is paramount to, and has preference
over, all other liens, on the crop grown on
rented lands for rent for the current year, and for advances made in
money, or other thing of value, either
by him directly, or by another at his instance or request for which
he became legally bound or liable at or
before the time such advances were made, for the sustenance or
well-being of the tenant or his family, or
for preparing the ground for cultivation, or for cultivating,
gathering, saving, handling or preparing the
crop for market; and also on all articles advanced, and on all
property purchased with money advanced or
obtained by barter in exchange for articles advanced, for the
aggregate price or value of such articles and
property.

Continuation of lien and attachment to crop of succeeding
year.
When the tenant fails to pay any part of such rent or advances, and
continues his tenancy under the same
landlord, on the same or other lands, the balance due therefor shall
be held and treated as advances to him
by the landlord for the next succeeding year, for which the original
lien for advances, if any remain unpaid,
shall continue on the articles advanced, or property purchased with
money advanced, or obtained by barter
in exchange for articles advanced, and for which a lien shall also
attach to the crop of such succeeding
year.

Assignment of claim for rent and advances.
The claim of the landlord for rent and advances, or for either, may
be by him assigned; and the assignee
shall be invested with all the landlord's rights, and entitled to
all his remedies for their enforcement.

When lien may be enforced by attachment.
The landlord, or his assignee, may have process of attachment for
the enforcement of his lien for rent and
advances, or either, when such rent and advances, or either, as the
case may be, are due and the tenant fails
or refuses, after demand made, to pay the same; and also in the
following cases, whether such rent and
advances, or either, are due or not:
(1) When there is good cause to believe that the tenant or subtenant
is about to remove from the
premises, or otherwise dispose of any part of the crop, without
paying such rent and advances, or either,
and without the consent of the landlord, or of the assignee, when
the claim has been assigned.
(2) When the tenant or subtenant has removed from the premises, or
otherwise disposed of any part of
the crop without paying such rent and advances, or either, and
without the consent of the landlord, or of the
assignee, when the claim has been assigned.
(3) When the tenant or subtenant has disposed of, or there is good
cause to believe that he is about to
dispose of, any of the articles advanced or obtained by purchase
with money advanced, or by barter in
exchange for any article advanced, in fraud of the rights of the
landlord, or of his assignee, as the case may
be.

Affidavit and bond.
Before such attachment is issued, the plaintiff, or his agent or
attorney must make affidavit, setting forth
the amount that is or will be due for rent and advances, or either,
as the case may be, or, if the rent is not
payable in money, the value of the part of the crop or other things
agreed to be paid as rent, that one of the
causes for issuing an attachment prescribed in section 35-9-34
exists, and that the attachment is not sued
out for the purpose of vexing or harassing the defendant; and must
also execute a bond in double the
amount claimed, with sufficient surety, payable to the defendant,
and with condition that the plaintiff will
prosecute the attachment to effect, and pay the defendant all such
damages as he may sustain from the
wrongful or vexatious suing out of such attachment.

Issuance and return of attachment; trial; property leviable.
Such attachment may be issued by any officer authorized to issue
attachment in other cases, and made
returnable before any court of competent jurisdiction, and must be
tried in the same manner, and upon the
same notice, as other attachment proceedings are tried, and may be
levied on the crop, or the proceeds
thereof, and on the articles advanced, and property purchased with
money advanced or obtained by barter
in exchange for articles advanced.

Relation between party furnishing land and party furnishing
labor.
When one party furnishes the land and the other party furnishes the
labor to cultivate it, with stipulations,
express or implied, to divide the crop between them in certain
proportions, the relation of landlord and
tenant, with all its incidents, and to all intents and purposes,
shall be held to exist between them; and the
portion of the crop to which the party furnishing the land is
entitled shall be held and treated as the rent of
the land; and this shall be true whether or not by express agreement
or by implication the party furnishing
the land is to furnish all or a portion of the teams to cultivate
it, all or a portion of the feed for the teams, all
or a portion of the planting seed, all or a portion of the
fertilizer to be used on the crop or pay for putting in
marketable condition his proportion of the crop after the same has
been harvested by the tenant.

Failure or refusal of tenant to plant crop.
In any case in which a tenant of farm lands shall fail or refuse,
without just cause or excuse, to prepare the
land and plant his crops, or a substantial portion of such crops to
be grown as are usually planted by that
time, on or before March 20, he may, at the election of the
landlord, be required to surrender and vacate the
rented premises, and upon making such election, and upon notice
thereof to the tenant, the landlord may
proceed to recover possession of the rented premises by an action of
unlawful detainer.

Levy upon crop of subtenant.
When lands are cultivated by a subtenant, and an attachment or other
process is sued out by the superior
landlord, or his assignee, for the purpose of enforcing his lien for
rent and advances, or either, the crop of
the tenant in chief must first be exhausted, before levy is made on
the crop of the subtenant; but if the
tenant in chief makes no crop, or if the crop made by him is not
sufficient to satisfy the plaintiff's demand,
then a sufficient amount of the crop of the subtenant may be levied
on to supply the deficiency; and any
levy made in violation of this section may be vacated on motion, at
the first session of the court thereafter.

Subrogation of subtenant to rights, liens and remedies of
landlord.
Any subtenant who pays or discharges any debt or lien which the
landlord has against the tenant in chief,
by contract, judicial process or otherwise, shall be subrogated to
the rights, liens and remedies, which the
landlord had against the tenant in chief as to such debt or lien so
paid or satisfied, or he may set off such
debt, claim or demand so paid or discharged by him against any
claim, debt or demand which the tenant in
chief may have against such subtenant.

(Code 1923, 8811; Code 1940, T. 31, 26.)

Section 35-9-41

Right of subtenant to require attachment against tenant in
chief.
The subtenant may notify the superior landlord, or his assignee, of
the existence of any one of the several
causes authorizing the issue of an attachment against the crop of
the tenant in chief and if such notice is
given, and an affidavit is made by the subtenant before an officer
authorized by law to administer oaths,
setting forth the existence of any one of such causes, and is served
by the subtenant, in person, or by his
agent, on such landlord, or his assignee, at the time the notice is
given, and the landlord, or his assignee,
fails or refuses to proceed within a reasonable time thereafter
against the crop of the tenant in chief, he
thereby loses his right to proceed against the crop of the subtenant
for any deficiency in the crop of the
tenant in chief to satisfy his claim, insofar as that deficiency
resulted from such failure or refusal to
proceed.

Lien declared.
The landlord of any storehouse, dwelling house or other building
shall have a lien on the goods, furniture
and effects belonging to the tenant, and subtenant, for his rent,
which shall be superior to all other liens,
except those for taxes, and except as otherwise provided in section
7-9-310(2). In case the tenant or
subtenant is adjudged a bankrupt, such lien on such goods, furniture
and effects of the bankrupt, except for
a dwelling house, used exclusively as a dwelling, shall, as against
the trustee in bankruptcy, attach only for
unpaid rent accrued and which shall accrue within six months from
the date of adjudication computed pro
rata at the then current rate. The lien amount accrued and to accrue
shall not be increased by reason of any
default or breach of contract by the bankrupt. From the amount of
such lien, so computed, the trustee in
bankruptcy may deduct all payments and all demands which could be
legally set up against the landlord by
way of counterclaim. If the trustee in bankruptcy shall dispose of
the lease as an asset of the bankrupt
estate, then the landlord shall have a lien on the goods, furniture
and effects of any person holding under the
trustee in bankruptcy.

When lien may be enforced by attachment.
The landlord shall have the right, for the enforcement of such lien,
to sue out an attachment before any
officer authorized to issue attachments, and returnable to any court
having jurisdiction of the amount
claimed, when the rent, or any installment thereof, is due, and the
tenant fails or refuses, on demand, to pay
such rent or installment; and also in the following cases, whether
due or not:
(1) When the tenant has fraudulently disposed of his goods, or is
about to fraudulently dispose of his
goods.
(2) When the tenant has made an assignment for the benefit of his
creditors.
(3) When the tenant has made a complete transfer of all, or
substantially all, of his goods, or removes or
attempts to remove all or substantially all of his goods, from the
rented premises, without the consent of the
landlord, or without first having paid the rent in full for the
term.

Affidavit and bond.
Before such attachment is issued, the plaintiff, or his agent or
attorney, must make affidavit, setting forth
the amount that is, or will be, due for the rent, that one of the
causes for issuing an attachment prescribed in
section 35-9-61 exists, and that the attachment is not sued out for
the purpose of vexing or harassing the
defendant; and must also execute a bond in double the amount
claimed, payable to the defendant, with
sufficient surety, and with condition that the plaintiff will
prosecute the attachment to effect, and pay the
defendant all such damages as he may sustain from the wrongful or
vexatious suing out of such attachment.

Property leviable; priority of lien.
Such attachment may be levied on so much of the goods, furniture and
effects of the tenant as will satisfy
the plaintiff's demand for rent; and such levy shall have priority
over the levy of any other attachment on
such goods, furniture and effects in favor of any other creditor.

Law governing proceedings.
The law governing the issue, levy, trial and other proceedings in
attachment proceedings in general, not
inconsistent with the provisions of this division, shall govern in
all cases arising under this division.

Lien, rights and remedies vested in assignee of claim for
rent.
The lien provided in this division shall vest in any assignee of the
claim for rent; and such assignee shall be
invested with all the rights of the landlord, and entitled to all
his remedies for their enforcement.

Demand for premises.
In all cases where a tenant shall hold possession of lands or
tenements over and beyond the term for which
the same were rented or leased to him, or after his right of
possession has terminated or been forfeited, and
the owner of the lands or tenements shall desire possession of the
same, such owner may by himself, his
agent or attorney-in-fact or attorney-at-law demand the possession
of the property so rented, leased, held or
occupied; and if the tenant refuses or omits to deliver possession
when so demanded, the owner, his agent
or attorney-at-law or attorney-in-fact may go before the district
court in the county in which the land lies,
and make oath of the facts.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 35.)

Section 35-9-81

Issuance of writ or process.
When the affidavit provided for in section 35-9-80 shall be made,
the district court before whom it was
made shall grant and issue a writ or process directed to the sheriff
or his deputy or any lawful constable of
the county where the land lies, commanding and requiring him to
deliver to the owner or his representative
full and quiet possession of the lands or tenements mentioned in the
affidavit, removing the tenant with his
property found thereon away from the premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 36.)

Section 35-9-82

Service of writ or process.
It shall be the duty of the officer in whose hands the writ or
process provided by section 35-9-81 may be
placed to serve a copy of same at once on the defendant, together
with notice that after the expiration of
seven days, said officer will proceed with the execution of such
writ or process. If the officer is unable to
serve the defendant personally, service may be had by delivering the
writ or process to any person who is
sui juris residing on the premises, or if after reasonable effort no
such person is found residing on the
premises, by posting a copy of the writ or process on the door of
the premises, and on the same day of such
posting, or by the close of the next business day, the sheriff, the
constable, the person filing the complaint,
or anyone on behalf of such person, shall mail a copy of the writ or
process by enclosing, directing,
stamping and mailing by first class mail a copy of the writ or
process to the defendant at the mailing
address of the premises and if there is no mailing address for the
premises to the last known address, if any,
of the defendant and making an entry of this action on the affidavit
filed in the case and service of the notice
by posting shall be complete as of the date of mailing said notice;
and unless a counter affidavit, as
provided by section 35-9-84, is filed with said officer within that
time, it shall then be his duty to proceed
forthwith to execute said writ or process.

Removal to circuit court.
Any defendant in any such action may remove such action from the
district court before whom the same is
brought, to the circuit court of the county in which the real estate
sued for is situated, in like manner and
upon like proceedings as actions for forcible entry and detainer or
unlawful detainer may now be so
removed, and the trial of any such case so removed shall be
conducted under like procedure and with like
issues as now provided for the trial of actions of forcible entry
and detainer or of unlawful detainer so
removed.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 44.)

Section 35-9-84

Arrest of proceedings.
The tenant may arrest the proceedings and prevent the removal of
himself and goods from the land by
declaring on oath that his lease or term of rent has not expired,
and that he is not holding possession of the
premises over and beyond his term, or that his right of possession
has not terminated or been forfeited, and
that he still has a good and lawful right to the possession of said
premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 37.)

Section 35-9-85

Trial upon delivery of counter affidavit.
If the counter affidavit provided in section 35-9-84 be made and
delivered to the sheriff or deputy sheriff or
constable, the tenant shall not be removed, but the officer shall
immediately return the proceedings to the
court which issued said writ or process, and the fact or facts in
issue shall be there tried by said court, and
shall stand for trial on the third day after the delivery to said
sheriff or deputy sheriff or constable of such
counter affidavit, Sundays and legal holidays excepted.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 39.)

Section 35-9-86Judgment for landlord.
If the issues specified in section 35-9-85 shall be determined
against the tenant, judgment shall go against
him, and the movant or plaintiff shall, after the expiration of one
day after judgment, have a writ of
possession and, without further delay, be by the sheriff, deputy or
constable placed in full possession of the
premises.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 40.)

Section 35-9-87

Appeals.
(a) Any party may appeal from a judgment entered against him by any
district court, to the circuit court, at
any time within one day after the entry thereof, and such appeal and
the proceedings thereon shall in all
respects be governed by the law relating to appeals from district
courts.
(b) An appeal does not prevent the issuance of a writ of restitution
or possession unless the defendant also
executes a supersedeas bond with sufficient sureties, payable to the
sheriff, in the sum of twice the yearly
value of the rent of the premises, to be ascertained by the court,
with condition to pay the plaintiff all such
damages as he may sustain by the prosecution of the appeal.
(c) Upon the trial in circuit court, the judgment, if against the
appellant, must be entered against him and
the sureties on the appeal bond, including the costs in both courts,
and if the appeal was taken by the
defendant, and a supersedeas bond was executed, a writ of
restitution or possession must be awarded, and
judgment must also be entered against the defendant and the sureties
on his supersedeas bond for the value
of the rent of the premises, pending the appeal.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31,
41-43.)

Section 35-9-88

Fees.
In proceedings under this article, the following fees shall be
allowed:

(1) To witnesses, the same fees as are allowed by law in the circuit
court;
(2) To the sheriff or constable, for serving the original writ or
process and return, $1.00;
(3) For receiving counter affidavit and returning the same, $.50;
(4) For executing the writ or process or judgment by placing the
plaintiff in possession, $2.00;
(5) For making money on execution, serving subpoenas, etc., the same
fees as in cases in the circuit
court;
(6) To the district court, for issuing the original writ or process,
$.50;
(7) For receiving and filing the counter affidavit, $.50;
(8) For entering final judgment, $1.00;
(9) For issuing writ of possession and execution, $.50;
(10) For approving appeal bond and preparing transcript on appeal,
$1.00.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, 45.)

Section 35-9-100

When reasonable satisfaction may be recovered.A reasonable satisfaction may be recovered for the use and
occupation of land:

(1) When there has been a demise by deed or by parol, and no
specific sum agreed on as rent.
(2) When the defendant has been let into possession upon a supposed
sale of the lands, which, from the
act of the defendant, has not been consummated.
(3) When the tenant remains on the land by sufferance of the owner.
When, after a demise, the tenant,
having had 30 days' previous notice, holds over without the consent
of his landlord, he shall pay to such
landlord double the value of the customary rent of the property so
withheld.
(4) When the defendant has gone in possession of the land
unlawfully. The owner of the land has a lien
upon the same property of the defendant, and to the same extent as
the landlord has under section 35-9-30
or section 35-9-60, which may be enforced by attachment as provided
in section 35-9-61 or section
35-9-34, as may be applicable.
(5) When for any reason the defendant is estopped from disputing the
title of the plaintiff as to the use
of the land occupied. In no case shall a mere claim or assertion of
powers, right or title of the defendant to
that of the plaintiff be a defense unless the claim of right or
title of the defendant is bona fide.